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The Securities and Exchange Commission (SEC) has cleared former official William Hinman of any conflict of interest in his 2018 statement that Ethereum was not a security. The decision comes after a lengthy investigation by the SEC’s Office of Inspector General (OIG), which was prompted by a request from Empower Oversight in May 2022. The investigation focused on Hinman's financial ties to his former law firm, Simpson Thacher, which had represented Ethereum.
According to the OIG report, Hinman had properly disclosed his financial relationships and did not personally benefit from his statements. The report concluded that Hinman did not violate any criminal conflict-of-interest laws. However, Empower Oversight has expressed dissatisfaction with the investigation, arguing that it was too narrow in scope and failed to address broader issues of transparency and integrity within the SEC's cryptocurrency enforcement decisions.
Empower Oversight has continued to push for more openness and accountability from the SEC, despite cooperating with the agency in recovering some of their legal expenses. The organization has argued that the SEC's handling of conflicts of interest and its decisions on which crypto companies to target have eroded public trust in the agency.
Critics remain unconvinced by the SEC's findings, pointing out that the investigation did not address the broader questions surrounding the SEC's approach to cryptocurrency regulation. The narrow focus of the probe has left many questioning the agency's commitment to transparency and accountability in its enforcement actions.
The SEC's decision to clear Hinman of any wrongdoing has not satisfied those who believe that the agency needs to do more to address conflicts of interest and ensure the integrity of its enforcement decisions. The ongoing debate highlights the challenges faced by regulators in balancing the need for clear guidelines with the rapidly evolving nature of the cryptocurrency industry.
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